Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Jobtract ("we", "our", or "us") and govern your access to and use of the Jobtract platform, including the website at https://jobtract.ca, our web and mobile applications, and any integrations (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service. We recommend that you read these Terms and our Privacy Policy before using the Service.

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Service. By using the Service, you represent that you meet these requirements. The Service is intended for business use; you may not use it for personal, household, or consumer purposes except as permitted for sole proprietors or similar business users.

Subject to your compliance with these Terms and any applicable subscription or order terms, Jobtract grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, in accordance with the documentation and policies we provide. This license does not include the right to sublicense, resell, or make the Service available to third parties except as explicitly permitted (e.g. invited team members under your account).

We may update the Service from time to time; new features or changes may be subject to additional terms or pricing as communicated to you.

You agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent permitted by applicable law.
• Use the Service for any illegal, fraudulent, or unauthorized purpose, or in violation of any applicable laws or regulations.
• Resell, sublicense, or commercially exploit the Service except as expressly permitted by your subscription or our written agreement.
• Interfere with or disrupt the integrity, performance, or security of the Service, or the data of other users.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems or networks.
• Use automated means (e.g. bots, scrapers) to access the Service without our prior written consent.
• Remove or alter any proprietary notices, labels, or marks on the Service.

We may suspend or terminate your access if we reasonably believe you have violated these restrictions.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us promptly of any unauthorized use or breach of security. We are not liable for any loss or damage arising from your failure to protect your credentials.

You retain ownership of the data you submit to the Service ("Your Data"). Our use, storage, and processing of Your Data are described in our Privacy Policy. You are responsible for the accuracy of Your Data and for ensuring that you have all rights necessary to provide it to us, including when using integrations such as QuickBooks. We may use aggregated, anonymized data to improve our services and for analytics.

Paid plans are subject to the pricing and billing terms presented at the time of sign-up or renewal. You agree to pay all fees when due. Fees are generally billed in advance (e.g. monthly or annually). Failure to pay may result in suspension or termination of your access. Refunds are handled in accordance with our refund policy as stated at the time of purchase or on our website. All fees are in the currency indicated (e.g. CAD) and exclude applicable taxes unless otherwise stated.

Use of third-party integrations (e.g. QuickBooks Online, payment gateways) is subject to the respective third party's terms and privacy policies. We are not responsible for the availability, accuracy, or actions of third-party services. You are responsible for complying with their terms and for any data you authorize us to share with them.

The Service, including its design, features, code, and content (other than Your Data), is owned by Jobtract or our licensors and is protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or other branding. You may not use our branding without our prior written consent.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBTRACT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBTRACT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR ONE HUNDRED Canadian Dollars (CAD $100), IF GREATER). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Jobtract and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, Your Data, your violation of these Terms, or your violation of any third-party rights or applicable law.

We may suspend or terminate your access to the Service for breach of these Terms, non-payment, or for other reasons set out in our policies. You may stop using the Service at any time. Upon termination, your license ends immediately. We may retain or delete Your Data in accordance with our Privacy Policy and data retention practices. Sections that by their nature should survive (e.g. Intellectual Property, Disclaimer, Limitation of Liability, Indemnification) will survive termination.

We may update these Terms from time to time. We will post the current Terms at https://jobtract.ca/legal/eula and update the "Last updated" date. For material changes, we will provide notice (e.g. by email or through the Service). Your continued use of the Service after the effective date of the changes constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

Entire agreement: These Terms, together with our Privacy Policy and any order or subscription terms, constitute the entire agreement between you and Jobtract regarding the Service.

Severability: If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.

Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Governing law: These Terms are governed by the laws of Canada and the Province of Ontario, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

For questions about these Terms of Service, contact us at the support or contact information provided on https://jobtract.ca.